Petition For Cancellation Of Will
Measure Requested
ADANA CIVIL COURT OF FIRST INSTANCE ON DUTY
THE PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT :…….
SUBJECT :
It consists of the request for the cancellation of the will of the deceased and, if it is not cancelled, to decide on its revocation.
EXPLANATIONS :
……. 1. Notary of 04.08.2015 dated 04.08.2015 and numbered 1581 in the form of a will in the form of regulation ………… The case of the Civil Court of Peace No. 2016/198 E. 2016/363 K. has been appealed by us and is still pending. Due to the fact that the client lives abroad, he could only receive the notification. The client could not attend the hearing regarding the opening of the will, but appealed the decision and was legally aware of the will in question.
The client’s executor passed away on 04.05.2016. He left behind his wife ….., his children ……….., ……….. and ………. as his legal heirs. In our opinion, there are legal and procedural violations in the will filed after the death and it must be cancelled. Namely
In the will of the deceased opened on 13.04.2016, the will of the deceased, which he owned in his name, …… province ……….. district …….. mah. 291, block 26, parcel 26, in the nature of a masonry house, it was revealed that he left 1/2 of his own share of the house to his daughter ………… and 1/2 to ………… after his death. In the will, he explained the reason for this as “these two daughters have cared for us until today, they are the ones who show us interest and possibility”.
It is clear that the testament in question was made by the testator due to a moment of anger, anger and pressure from other heirs ……. and …………. The deceased is a person who receives pension both from abroad and from Turkey. The other heirs also reside abroad. Deceased has lived in Turkey for a long time by standing on his own feet. As can be understood from this situation, the deceased was not in need of care.
He took care of all his affairs by himself. The deceased said that he wanted to revoke this will and regretted it while he was ill before his death. However, the client has learnt about this situation now. Again, there is a will / savings (verbal or written) that we guess that the wife of the deceased, who is also the legal heir, has the will / savings (verbal or written) that the deceased revoked the will in question. Therefore, the will subject to this case is invalid in nature.
In addition, when we look at the will, the report stating that the mental faculties of the deceased were sufficient was obtained from the family physician. This report is not valid. The testator underwent heart surgery. It is a well-known scientific fact that people who have undergone heart surgery have increased emotionality after the surgery. The report describing the emotional state of the deceased, that he was in a moment of anger and under the pressure of my sisters, should have been taken from a full-fledged state hospital, especially from a committee including a psychiatry specialist.
Otherwise, the report does not show that the testator has a mental state and mental weakness. Therefore, the will issued without the aforementioned report is not only irregular in form, but also incomplete and defective in nature. In addition, when we examine the will, it will be understood that the testator was illiterate. The witnesses in the will should testify that the testator is both illiterate and illiterate, and that he did not think emotionally and left the above-mentioned immovable property only to his two daughters. Therefore, we request that the witnesses in the will be invited to the hearing by your honourable court and be heard on these issues.
The defendants, by using the reasons that crippled the will of the deceased, which we have explained above, led him to a mistake and ensured that such a transaction took place in his favour. Because there is no reason for the deceased to leave the whole of his own house mentioned above only to his two daughters and to deprive the other heirs of this. The will of the deceased was crippled by the defendants and the deceased’s wife, and they realised this transaction by misleading the deceased.
The defendants and the wife of the deceased still reside in this house left as an inheritance. Again, the defendants use all the items in this house left by the deceased. The plaintiff client has not even been able to get any personal belongings that remind him of his deceased father. The plaintiff client has been victimised in this case as well, and he wants his share of the belongings left by his deceased father.
In addition to the reasons we have mentioned, the plaintiff client also has inheritance receivables and legally protected reserved shares. For this reason, this will also infringes on the plaintiff client’s reserved shares and for this reason, the will must also be cancelled.
For these reasons, we are obliged to apply to your honourable court for the cancellation of the aforementioned will and, if not, for its revocation.
LEGAL GROUNDS : TMK, CPL and other legislation
LEGAL EVIDENCES :
Without prejudice to our right to submit counter-evidence, Population Register, Inheritance Declaration Hospital records, doctor’s reports and prescriptions, Will in the Form of Arrangement dated 04.08.2015 and numbered 1581 of ……… Notary Public, Land Registry, Witness statements, ………… Civil Court of Peace’s file numbered 2016/198 E. 2016/363 K., Oath, Expertise and any other evidence.
CONCLUSION-DEMAND :
For the reasons explained above and for the reasons you will observe ex officio;
1-First of all, ………. province …………… district ……… mah. 291, block 26, parcel 26, masonry house in the nature of immovable property in order to prevent the transfer to third parties,
2-………… Notary Office dated 04.08.2015 with the date of 04.08.2015 and numbered 1581, the will should be cancelled due to the fact that it is against the law, and if it is not possible, it should be decided to be compensated in proportion to the plaintiff’s reserved share,
I hereby request and demand that the judicial expenses and attorney’s fee be charged to the other party. (date)
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